Applied Underwriters, Inc. v. Top's Personnel, Inc.

Filing 191

ORDER regarding 185 Motion to Compel. Plaintiff did not comply with the court's order 39 before filing a motion to compel. Accordingly, it is ordered that Plaintiff's motion to compel, 185 , is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (SLP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
APPLIED UNDERWRITERS, INC., a
Nebraska Corporation;
8:15CV90
Plaintiff,
ORDER

vs.
TOP'S PERSONNEL, INC., A New Jersey
Corporation;
Defendant.

The court’s scheduling order for this case states: “Motions to compel shall not be
filed without first contacting the chambers of the undersigned magistrate judge to set a
conference for discussing the parties’ dispute.” (Filing No. 39 at CM/ECF p. 2). The
purpose of this requirement is to limit motion practice in favor of first requiring candid
discussions between counsel before contacting the court, and absent a resolution
between counsel alone, then exploring potential resolution through court-facilitated
discussions. Unnecessary motion practice is both expensive and time-consuming, and it
undermines the goal of securing “a just, speedy, and inexpensive determination” of this
case. Fed.Civ.R.1.
Plaintiff did not comply with the court’s order before filing a motion to compel.

Accordingly,

IT IS ORDERED that Plaintiff's motion to compel, (Filing No. 185), is denied.

Dated this 4th day of May, 2018.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge